The U.S. Supreme Court has recently issued a series of rulings that significantly impact the imposition of development impact fees by local governments. In a landmark decision in the case of Sheetz vs. El Dorado, the court ruled that impact fees, which are charges levied on property developers to offset the costs of public infrastructure necessitated by new development, can be considered unconstitutional takings of property under the Fifth Amendment. This decision applies regardless of whether these fees are imposed by elected or unelected officials and must pass Nollan/Dolan scrutiny. The court's unanimous decision emphasized that property owners have the right to sue to vindicate their property rights, with Justice Clarence Thomas stating that Texas state law allows property owners to seek just compensation against the state for such takings.
State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights https://t.co/nQrBq8j0f0 | by @NossamanLaw
U.S. Supreme Court: Legislative Impact Fees Can Be Unconstitutional Exactions Too https://t.co/7DKKXuh9LM
U.S. Supreme Court Decides Two Takings Cases in One Week https://t.co/Es9mKJKx5v | by @SaulEwing